Regular meeting — November 15, 2021

Motion to amend the agenda to add Item #50 – Resolution R-21-11-910, Item #53 - Discussion item regarding Blue Oval Development, and Item #54 - Discussion item regarding TDOT and Right of Ways.

Moved by Larsen Jay · seconded by Charles Busler

Motion to amend the agenda to defer Item #65 - Request of Stephanie Walther for rezoning to the January 2022 Board of Commissioners meeting.

Moved by Larsen Jay · seconded by Charles Busler

Motion to approve Resolution R-21-11-201 - Resolution of the Commission of Knox County, Tennessee, approving an Amendment to Contract with Anlar, LLC for the provision of external evaluator services.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-202 - Resolution of the Commission of Knox County, Tennessee, approving a Master Services Agreement with Ellevation Inc. for the use of Ellevation’s platform of servers, software, and related technology for a one-year term at a cost of $58,832.81.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-203 - Resolution of the Commission of Knox County, Tennessee, approving contracts with E. Luke Greene Company, Inc., Helton and Associates, Inc., and NEO Corporation for the provision of asbestos abatement and demolition services for the term of December 1, 2021 through November 30, 2022, which may be extended for four (4) additional years at a maximum cost of $500,000.00 annually.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-204 - Resolution of the Commission of Knox County, Tennessee, approving an increase of $85,200.07 to the construction contract with Merit Construction, Inc. for renovations and additions at Powell High School.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-205 - Consideration of a Resolution of the Commission of Knox County, Tennessee, approving an increase of $100,000.00 to the construction contract with Path Construction Northeast, Inc. for the Gibbs High School stadium replacement project.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-205 - Resolution of the Commission of Knox County, Tennessee, approving the schematic design for the new West High School Softball Facility by George Armour Ewart Architect.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-207 - Resolution of the Commission of Knox County, Tennessee, authorizing the acceptance of a Safe Schools Grant award for 2021-2022 from the Tennessee Department of Education in the amount of $1,306,422.31 with required matching funds in the amount of $474,950.00 that will be provided by in-kind services from the Knox County Sheriff’s Office and Knoxville Police Department.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-208 - Resolution of the Commission of Knox County, Tennessee, authorizing the acceptance of a donation of 1.1 acres of land located at Clinton Highway (Parcel ID 055 052) from Little Rabbit Holdings LLC with a tax appraisal of $52,700.00.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-209 - Resolution of the Commission of Knox County, Tennessee, authorizing the acceptance of grant funds for the Knox County Schools as shown on the attached list and in the total amount of $58,981.00.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-110 - Resolution of the Commission of Knox County, Tennessee, reappointing Dr. Marcy Souza, DVM, MPH, MPPA, DACVPM, DABVP (Avian) to the Knox County Advisory Board of Health (term expires December 31, 2025).

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-301 - Resolution of the Commission of Knox County, Tennessee, approving the Organized Crime Drug Enforcement Task Forces (OCDETF) FY 2022 Overtime Agreement (Operation Reckoning) for reimbursement of up to $25,000.00 in overtime expenses incurred by the Knox County Sheriff’s Office.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-302 - Resolution of the Commission of Knox County, Tennessee, authorizing the acceptance of a donation in the amount of $5,000.00 from Lowe’s for the purchase of Flock cameras.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-303 - Resolution of the Commission of Knox County, Tennessee, approving a Memorandum of Understanding with the City of Knoxville for the administration of the 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) award and authorizing the acceptance of the grant funding in an amount up to $46,595.00 as Knox County’s portion of the grant award.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-304 - Resolution of the Commission of Knox County, Tennessee, approving the Organized Crime Drug Enforcement Task Forces (OCDETF) FY 2022 Overtime Agreement (Missing Package) for the reimbursement of up to $15,000.00 in overtime expenses incurred by the Knox County Sheriff’s Office.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-305 - Resolution of the Commission of Knox County, Tennessee, approving the Organized Crime Drug Enforcement Task Forces (OCDETF) FY 2022 Overtime Agreement (NetFlx Doc and Chill) for the reimbursement of up to $10,000.00 in overtime expenses incurred by the Knox County Sheriff’s Office.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-401 - Resolution of the Commission of Knox County, Tennessee, approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Aleksandr Botezat and Dana Botezat for properties located at 0 Cain Road (CLT Parcel #092-102) and 5107 Cain Road (CLT Parcel #092KK003) in Commission District 3.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-402 - Resolution of the Commission of Knox County, Tennessee, approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Homestead Land Holdings, LLC for property located at 861 South Gallaher View Road (CLT Parcel #133-03101) in Commission District 5.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-403 - Resolution of the Commission of Knox County, Tennessee, approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Beacon Park, LLC for properties located at 0 Arcadia Peninsula Way (CLT Parcel #163-03006), 0 Arcadia Peninsula Way (a portion of CLT Parcel #163-02861), and 0 Arcadia Peninsula Way (a portion of CLT Parcel #163-02862) in Commission District 5.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-404 - Resolution of the Commission of Knox County, Tennessee, approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Hardin Valley Medical Investors, LLC for property located at 2449 Reagan Road (CLT Parcel #104-01105) in Commission District 6.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-405 - Resolution of the Commission of Knox County, Tennessee, approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Dannaher MOB, LLC for property located at 7750 Dannaher Drive (CLT Parcel #047-033.29) in Commission District 7.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-406 - Resolution of the Commission of Knox County, Tennessee, approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Turner Homes, LLC for property located at 0 Thomas Lane (CLT Parcel #029-05405) in Commission District 7.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-407 - Resolution of the Commission of Knox County, Tennessee, approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Denali, L.P. for properties located at 7409 Thomas Lane (CLT Parcel #029-05409) and 7415 Thomas Lane (CLT Parcel #029-05408) in Commission District 7.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-408 - Resolution of the Commission of Knox County, Tennessee, approving Covenants for Permanent Maintenance of Stormwater Facilities and Best Management Practices with Knoxville Habitat for Humanity for property located at 0 Strawberry Plains Pike, (CLT Parcel #073-172) in Commission District 8.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-409 - Resolution of the Commission of Knox County, Tennessee, approving five (5) Agreements with the Tennessee Department of Transportation (TDOT) for safety improvements at the following highway-rail grade crossing locations: Candora Road, Foster Road, Jones Road, McCampbell Drive and Old Washington Pike.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-410 - Resolution of the Commission of Knox County, Tennessee, approving Amendment Number 4 to an Agreement with the Tennessee Department of Transportation (TDOT) for the widening of State Route 131 (Lovell Road) from Cedardale Lane to Middlebrook Pike (Knox County is responsible for the amount of $19,720.00 for the project).

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-501 - Resolution of the Commission of Knox County, Tennessee, approving a revised Agreement with the University of Tennessee for the operation of the Knoxville Homeless Management Information System (HMIS) to include an additional provision as required by State Law.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-601 - Resolution of the Commission of Knox County, Tennessee, approving Amendment 1 to a contract with the Tennessee Department of Health for the provision of child fatality review services, which amendment extends the term of the contract to September 29, 2023 and increases the maximum liability of the State under the contract by $5,000.00 for a new total contract amount of $25,000.00.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-602 - Resolution of the Commission of Knox County, Tennessee, approving a contract with the University of Tennessee for the provision of a Community Health Assessment.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-603 - Resolution of the Commission of Knox County, Tennessee, approving the Seventh Amendment to Contract Number 12-500 with Rural Metro of Tennessee, L.P. to provide medial ambulance services in Knox County, which amendment deletes and replaces the definition of “ALS First Responder” and adds the definition “Quick Response Vehicle”.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-801 - Resolution of the Commission of Knox County, Tennessee, approving a contract in the amount of $47,025.00 with Baker Tilly US, LLP for the provision of Executive Search Services.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-802 - Resolution of the Commission of Knox County, Tennessee, approving agreements for the use of the Omnia Partners (formerly known as the Cooperative Purchasing Network/Region 4 ESC), Minnesota Multi-State Contracting Alliance for Pharmacy (MMCAP), and Sourcewell cooperative purchasing programs as allowed under the CARES Act with approval of the local legislative body.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-803 - Resolution of the Commission of Knox County, Tennessee, approving contracts with T-Mobile USA, Inc. and Verizon Wireless to provide mobile solutions for Knox County.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-804 - Resolution of the Commission of Knox County, Tennessee, approving a contract with Bass, Berry, Sims, PLLC for the provision of Bond Counsel Services.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-902 - Resolution of the Commission of Knox County, Tennessee, approving an amendment to the Knox County Employee Benefit System to provide for a Medical Expense Retirement Plan (MERP) enhancement to further encourage and assist eligible employees to save for their own retiree medical expenses by increasing the maximum annual Matching Employer Contribution from 50% of the first $416 to 50% of the first $832 contributed by the participant.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-903 - Resolution of the Commission of Knox County, Tennessee, approving an Amendment to and Assignment of Knox County Contract Number 20-304 with Delta Blue and Ahead, Inc. to assign the Contract to Ahead, Inc. and to provide for additional amendments to the contract.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-904 - Resolution of the Commission of Knox County, Tennessee, requesting the Knoxville-Knox County Planning Commission to recommend amendments to the Knox County Zoning Ordinance to reflect the name change of the Planning Commission by removing “Metropolitan” from the name in the Zoning Ordinance.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-905 - Resolution of the Commission of Knox County, Tennessee, amending Rule V of the Knox County Commission Rules by adding a new Section S, Committee Reports, to require all committees on which one or more Commissioners serve to submit at least one (1) written report to the Commission Chair and Commission Office summarizing the work of the committee by August 1st of each year.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-907 - Resolution of the Commission of Knox County, Tennessee, approving an Amendment to the Contract with Databank IMX for the implementation of an online document management system for the Knox County Criminal, Criminal Sessions, Fourth Circuit, Juvenile, Circuit, and Civil Sessions Courts, which amendment provides for the licensing model change to subscription basis on all new software module purchases going forward.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-908 - Resolution of the Commission of Knox County, Tennessee, approving a Quitclaim Deed for the acceptance of property located in the Powell Community at 316 West Emory Road (Parcel Number 056-12406) and known as Collier Preserve from the Legacy Parks Foundation to be used as a park.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-909 - Resolution of the Commission of Knox County, Tennessee, authorizing the acceptance of a grant award in the amount of $392,453.00 from the Office of Justice Programs (OJP) for the Knox County Public Defender’s Community Law Office for the purpose of Enhancing Juvenile Indigent Defense.

Moved by Larsen Jay · seconded by Courtney Durrett

Motion to approve Resolution R-21-11-101 - Resolution of the Commission of Knox County, Tennessee, honoring the Board of Directors of the Boys & Girls Club for being named the High Performance Board Team of the Year for the Southeast Region.

Moved by Terry Hill · seconded by Carson Dailey

Motion to approve the minutes of the previous meeting held on October 21, 2021 (Special Session); October 25, 2021 (Regular Session); and October 28, 2021 (Special Session).

Moved by Randy Smith · seconded by Charles Busler

Motion to approve the above new county roads: A. Broady Glen Lane, Broady Glen, District W6. B. Free Range Lane, Gray Bell Springs, District E6. C. Hay Wagon Lane, Gray Bell Springs, District E6. D. Big Sky Lane, Laurel Ridge, Phase II, District 6. E. Jacobs Canyon Lane, Laurel Ridge, Phase II, District 6. F. Timber Highlands Lane, Laurel Ridge, Phase II, District 6. G. Blackberry Ridge Boulevard, Laurel Ridge, Phase II, District 6. H. Windjammer Lane, Laurel Ridge, Phase II, District 6.

Moved by Terry Hill · seconded by Larsen Jay

Motion to approve the closure of the right of way adjacent to 7001 Cunningham Road at the corner of Maynardville Pike on second reading.

Moved by Justin Biggs · seconded by Charles Busler

Motion to approve the Line Item Transfers – Total amount $1,692,566.38.

Moved by John Schoonmaker · seconded by Larsen Jay

Motion to approve the Budget Amendments – Total amount $2,316,419.76.

Moved by John Schoonmaker · seconded by Larsen Jay

Motion to approve the 145 Notary Public Applications.

Moved by Justin Biggs · seconded by Larsen Jay

Motion to approve Resolution R-21-11-901 - Resolution of the Commission of Knox County, Tennessee, approving the execution of an Interlocal Project Agreement (Multi-Use Stadium Project) with the City of Knoxville, Tennessee and the Sports Authority of the County of Knox and the City of Knoxville, Tennessee.

Moved by Dasha Lundy · seconded by Larsen Jay

Motion to approve Resolution R-21-11-906 - Resolution of the Commission of Knox County, Tennessee, amending the Knox County Commission Rules to move Rule VI, Section I, Zoning Ordinances, to Rule VII and to provide for various amendments to Rule VII, Rezoning Requests and Appeals with the following amendment: Rule VII, Section G should be amended to read as follows: “Zoning applicants must make postponement and withdrawal requests no later than 4:00 pm (EST) on the Wednesday in advance of the zoning session. Requests must be made in writing to the Chair and sent via email. Any postponement request must include a specific date they wish the matter to be postponed, with a maximum of 120 days. For any applicant who asks for a withdrawal at the Commission zoning session, the matter shall be considered a denial.”

Moved by Larsen Jay · seconded by Carson Dailey

Motion to approve Resolution R-21-11-910 - Resolution of the Commission of Knox County, Tennessee, authorizing Knox County to join the State of Tennessee and other local governments as participants in the Tennessee State-Subdivision Opioid Abatement Agreement and approving the related settlement agreements.

Moved by John Schoonmaker · seconded by Terry Hill

Motion to approve Ordinance O-21-11-101 - Ordinance of the Commission of Knox County, Tennessee, amending Knox County Code, Chapter 42 by repealing Sections 42-51 through 42-66 and by adding a new Section 42-51 to adopt the provisions of Tennessee Code Annotated § 8-8-401 et seq., known as the “County Sheriff’s Civil Service Law of 1974” in order to bring Knox County into compliance with state law (amends Ordinance O-90-9-111, adopted September 10, 1990; Ordinance O-91-8-114, adopted November 25, 1991; Ordinance O-94-10-101, adopted December 1, 1994; Ordinance O-95-4-101, adopted April 24, 1995; Ordinance O-19-1-101, adopted February 25, 2019; Ordinance O-20-7-102, adopted September 28, 2020; Ordinance O-21-7-105, adopted August 23, 2021; and Ordinance O-21-7-106, adopted August 23, 2021) on first reading.

Moved by Carson Dailey · seconded by Charles Busler

Motion as a substitute motion to defer this item to the January 24, 2022 Board of Commissioners meeting. Also included in the motion was for the Commission Chairman to work with the Knox County Law Director on formulating the question to have a legislator from the Knox County Delegation request the Attorney General’s opinion on this matter.

Moved by Larsen Jay · seconded by Kyle Ward

Motion to approve Ordinance O-21-10-101 - Ordinance of the Commission of Knox County, Tennessee, to repeal and replace Knox County Code, Chapter 26, Article V entitled “Litter” to adopt updated regulations for litter control in Knox County (amends Ordinance O-96-4-101, adopted May 28, 1996; Ordinance O-96-11-102, adopted December 23, 1996; and Ordinance O-99-4-101, adopted April 26, 1999) on second reading.

Moved by Carson Dailey · seconded by John Schoonmaker

Motion to adjourn the business session meeting.

Moved by Justin Biggs · seconded by Charles Busler

Motion to approve Resolution RZ-21-11-101 – Resolution of the Commission of Knox County, Tennessee, approving the request of Ball Homes, LLC for rezoning from A Agricultural to PR Planned Residential up to 3 dwelling units per acre as per Planning Commission’s recommendation.

Moved by Terry Hill · seconded by Courtney Durrett

Motion to approve Resolution RZ-21-11-102 - Resolution of the Commission of Knox County, Tennessee, approving the request of Grassy Creek, LLC for Northwest County Sector Plan Amendment from MU-SD, NWCO-10 (Mixed Use Special District-Schaad Road/Oak Ridge Highway) and HP (Hillside Protection) to GC (General Commercial) and HP (Hillside Protection) as per Planning Commission’s recommendation.

Moved by Terry Hill · seconded by Justin Biggs

Motion to approve Resolution RZ-21-11-103 - Resolution of the Commission of Knox County, Tennessee, approving the request of Grassy Creek, LLC for rezoning from A (Agricultural) to CA (General Business) as per Planning Commission’s recommendation.

Moved by Terry Hill · seconded by Randy Smith

Motion to approve Resolution RZ-21-11-104 - Resolution of the Commission of Knox County, Tennessee, approving the request of Dominion Group for South County Sector Plan Amendment from LDR (Low Density Residential) to MDR/O (Medium Density Residential/Office) as per Planning Commission’s recommendation.

Moved by Carson Dailey · seconded by Charles Busler

Motion to approve Resolution RZ-21-11-105 - Resolution of the Commission of Knox County, Tennessee, approving the request of Dominion Group for rezoning from RA (Low Density Residential) to PR (Planned Residential) up to 21 dwelling units per acre as per Planning Commission’s recommendation.

Moved by Carson Dailey · seconded by Kyle Ward

Motion to approve Resolution RZ-21-11-106 - Resolution of the Commission of Knox County, Tennessee, approving the request of Jammie Davis for Northwest City Sector Plan Amendment from LDR (Low Density Residential) and HP (Hillside Protection) to GC (General Commercial) and HP (Hillside Protection) for all of Parcel 31 and the southern portion of Parcel 31.01 as shown on Exhibit A as per Planning Commission’s recommendation.

Moved by Terry Hill · seconded by Kyle Ward

Motion to approve Resolution RZ-21-11-107 - Resolution of the Commission of Knox County, Tennessee, approving the request of Jammie Davis for rezoning from A (Agricultural) to CA (General Business) for all of Parcel 31 and the southern portion of Parcel 31.01 as shown on Exhibit A as per Planning Commission’s recommendation.

Moved by Terry Hill · seconded by Justin Biggs

Motion to approve Resolution RZ-21-11-108 - Resolution of the Commission of Knox County, Tennessee, approving the request of Graham Corporation for Northwest County Sector Plan Amendment from LDR (Low Density Residential) and SP (Stream Protection) to MU-CC (Mixed Use Community Commercial) and SP (Stream Protection) as per Planning Commission’s recommendation.

Moved by Terry Hill · seconded by Kyle Ward

Motion to approve Resolution RZ-21-11-109 - Resolution of the Commission of Knox County, Tennessee, approving the request of Graham Corporation for rezoning from A (Agricultural), PC (Planned Commercial) and OB (Office, Medical and Related Services) to CA (General Business) as per Planning Commission’s recommendation.

Moved by Terry Hill · seconded by Justin Biggs

Motion to approve Resolution RZ-2-11-110 - Resolution of the Commission of Knox County, Tennessee, approving the request of Walt Hillis for expansion of the existing surface mining and mineral extraction operation as described in the Mining Plan of Operations (Amendment II) for BWI Forks of the River Quarry and as shown in Appendix C, Plan of Operations Map South, subject to 11 conditions.

Moved by Richie Beeler · seconded by Carson Dailey

Motion to adjourn the meeting.

Moved by Justin Biggs · seconded by John Schoonmaker